Brian S. Harvey, Esq.

Arbitration · Mediation · Legal Counsel

Brian S. Harvey, based in Washington, D.C., maintains a broad practice as arbitrator and mediator, advocate and advisor.

Mr. Harvey has over 25 years’ experience with complex civil litigation and conflict resolution, including numerous bench and jury trials, appeals at all levels, arbitrations, mediations and agency proceedings.He has defended and prosecuted a wide range of civil matters on behalf of organizations and individuals involving statutory and common law employment rights; executive compensation, pensions and employee benefits; civil rights, defamation and privacy issues; commercial contracts and other business matters. Mr. Harvey was an associate and then partner in the Washington, D.C. office of Baker & Hostetler LLP from 1981 through 2009.

Mr. Harvey’s practice includes compliance counseling, negotiations and litigation under the full array of statutes and regulations regulating the workplace. He has extensive experience with restrictive covenants and provisions dealing with intellectual property in employment agreements.He counsels and represents employers and employees, including senior executives and other employees in their individual capacity, in negotiation of separation arrangements and resolution of conflicts arising from termination of the employment relationship. Mr. Harvey has extensive transactional experience, providing employment and labor advice in business transactions. He has often served as U.S. employment counsel in international and domestic business transactions. Mr. Harvey’s practice also includes internal investigations arising from allegations of violations of internal codes of corporate conduct and business ethics and other matters involving corporate compliance.Since 1996, Mr. Harvey has maintained an active practice as a dispute-resolution neutral. He serves on the American Arbitration Association’s National Roster of Neutrals, Commercial and Employment Panels, Mediation Panel, and on the AAA's Large Complex Case Panel.Since January 2004, Mr. Harvey has been appointed as panelist, sole arbitrator or panel chair in over 80 AAA arbitrations.His arbitration appointments have included numerous matters involving executive employment agreements, commercial contractual disputes, executive compensation and benefits, alleged violation of post-employment covenants, statutory and common law employment rights, claims under state wage-payment laws and wrongful termination issues, as well as matters concerning intellectual property and its evaluation, licensing agreements, healthcare contracting, defamation claims, complex disputes involving stockholders’ rights, employee stock options and business governance issues, professional liability claims, and data compensation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Mr. Harvey provides mediation services through the AAA and on an ad hoc basis. He has successfully mediated and co-mediated numerous conflicts involving employment issues, complex business relationships, tort liability, commercial contracts and government contracts.He has successfully mediated several particularly difficult disputes involving senior executives separating from top management positions and lawyers, at the partner and associate level, departing from law firms.Mr. Harvey is frequently requested to conduct mediations on behalf of the dispute resolution programs of the U.S. District Court in Washington, DC, and the Circuit Court for Baltimore County, Maryland.

Mr. Harvey served in judicial clerkships with Hon. James C. Turk, then-Chief Judge of the U.S. District Court for the Western District of Virginia, and with Hon. James M. Sprouse of the U.S. Court of Appeals for the Fourth Circuit.

Mr. Harvey is a member of the American Bar Association, the District of Columbia Bar Association and the Maryland State Bar Association.He is a Master of the Bench of the Prettyman-Leventhal American Inn of Court in Washington, D.C., and served as the Inn’s president in 2006 and 2007.

Mr. Harvey received his law degree from Case Western Reserve University School of Law in 1979.He graduated from Marshall University in 1976.His bar admissions are with the District of Columbia Court of Appeals, the Supreme Court of Ohio (not active) and the Maryland Court of Appeals.Mr. Harvey also is a member of the bars of the U.S. Supreme Court and the U.S. Courts of Appeals for the Second, Third, Fourth, Fifth andDistrict of Columbia Circuits.